Categories: Arkansas News

Arkansas Supreme Court to weigh in on fate of child sexual abuse lawsuits that have expired under state’s statute of limitations

LITTLE ROCK, Ark. – The Arkansas Supreme Court is preparing to weigh in on a case that could determine whether survivors of childhood sexual abuse can pursue justice decades after the abuse occurred.

The question before the court is whether the Justice

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for Vulnerable Victims of Sexual Abuse Act—a 2021 law passed by the Arkansas Legislature—can revive civil lawsuits that had already expired under the state’s statute of limitations. If the justices rule the law is valid, dozens of lawsuits across the state could move forward. If not, many of those cases will be dismissed for good.

The high court’s decision won’t just affect one lawsuit. Claims currently on hold include cases against former physician James Darrell Nesmith, convicted child rapist Barry Walker, and the Lord’s Ranch, a defunct behavioral health facility accused of enabling abuse. The Court of Appeals, earlier this year, ruled the legislature could not retroactively extend expired claims.

That ruling put lawsuits filed under the 2021 act in jeopardy, including those brought by four men who say Nesmith abused them as teenagers in the late 1990s and early 2000s. The Arkansas Supreme Court agreed in May to review the issue, an unusual move that wipes away the lower court’s ruling.

At the Children’s Protection Center in Little Rock, Director of Clinical Services Mark Bryant says survivors often aren’t ready to talk about abuse until years after it happens.

“Everyone’s story is different, everyone’s healing journey is different,” Bryant said. “When children come to CPC, it’s just the very beginning of what we consider a really long healing journey.”

Bryant says disclosure itself is rarely immediate.

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“Telling about abuse—even the telling process—may take months or years to fully be able to tell and come to terms with what has happened,” he said.

That delay, he explained, is why many advocates believe the legal window for lawsuits must remain open. Survivors often need time, not just to heal, but to prepare for the challenges of speaking in court.

“So, preparing them to be able to tell their story to strangers, essentially… and what happened to them to strangers is something that is not easy,” Bryant said.

While the legal battle plays out, Bryant emphasized that accountability and healing can take different forms for survivors and their families. “I think it’s really rewarding, and for us it’s about creating the hope, creating the healing for families,” he said. “Justice looks different for a lot of people.”

The Supreme Court is expected to rule after its fall term begins. For survivors and advocates, the decision will determine whether Arkansas courts remain open to their claims—or whether decades-old cases of abuse are shut down, potentially permanently.

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